Allowed

S.Muthulakshmi v. a.Ravichandran

Madras HC1 Nov 2019TR CMP(MD)/404/2019

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court allowed a transfer petition filed under Section 24 of CrPC. The court transferred divorce proceedings from Sub Court, Uthamapalayam, to Principal Sub Court, Srivilliputhur, where a restitution of conjugal rights petition by the wife is pending, to better serve the interests of justice.

What did the court decide?

Transfer of H.M.O.P. No. 101 of 2019 from Sub Court, Uthamapalayam, to Principal Sub Court, Srivilliputhur to be tried along with H.M.O.P. No. 108 of 2019.

S.Muthulakshmi Vs a.Ravichandran — Matrimonial and Divorce | Madras HC (2019)

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TR.C.M.P.(MD)No.404 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2019 CORAM

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THE HONOURABLE MS.JUSTICE P.T.ASHA

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TR.C.M.P.(MD)No.404 of 2019 and C.M.P.(MD)No.9197 of 2019

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S.Muthulakshmi ... Petitioner/Respondent Vs.

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A.Ravichandran

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... Respondent/Petitioner

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PRAYER:- Transfer Civil Miscellaneous Petition filed under Section 24 of C.R.P., to withdraw the case in H.M.O.P.No.101 of 2019 from the Sub Court, Uthamapalayam and transfer the same to the Princiapal Sub Court, Srivilliputhur and to try along with the H.M.O.P.No.108 of 2019 on the file of the Principal Sub Court, Srivilliputhur.

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For Petitioner : Mr.K.Vinayagan For Respondent : No Appearance

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ORDER

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The above application is filed by the wife seeking transfer of the proceedings for divorce filed by the husband before the Sub Court, Uthamapalayam in H.M.O.P.No.101 of 2019 to the file of the Principal Sub Court, Srivilliputhur where the petition filed by the wife for restitution of conjugal right is pending.

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2.The respondent has been served and the name has also been printed in the cause list. However, he did not appear in person or through counsel and therefore, the Court proceeded to hear the matter in his absence.

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3.The learned counsel would submit that the petitioner is willing to re-join her husband. Though she had suffered at the hands of husband and his people, who had been demanded more dowry, with an intent to maintain marital happiness, she is willing to rejoin her husband and hence, she has filed a petition for restitution of conjugal rights before the Principal Sub Court, Srivilliputhur. The respondent also not maintained her.

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3.The submissions made by the learned counsel for the petitioner are reasonable and convincing and also taking into account of the fact the petitioner is residing within the jurisdiction of the Principal Sub Court, Srivilliputhur and as she has also initiated proceedings for restitution of conjugal rights, https://hcservices.ecourts.gov.in/hcservices/

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TR.C.M.P.(MD)No.404 of 2019

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interests of justice would be sub-served if the transfer is ordered as prayed for.

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4.In view of the above, this transfer civil miscellaneous petition is allowed as prayed for. Accordingly, the case in H.M.O.P (MD) No. 101 of 2019 is ordered to be withdrawn and transferred from the file of the Sub Court, Uthamapalayam, to the file of Principal Sub Court, Srivilliputhur. The learned Sub Court, Uthamapalayam, is directed to transmit the entire records in H.M.O.P.No.101 of 2019 to the Principal Sub Court, Srivilliputhur and the learned Princiapal Sub Court, Srivilliputhur, is directed to dispose of the both the case in H.M.O.P.Nos. 108 of 2019 and 101 of 2019 on merits and in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

// True Copy //

gns

1.The Sub Court, Uthamapalayam.

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2.The Principal Sub Court, Srivilliputhur.

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+1 CC to Mr.K.VINAYAGAN, Advocate ( SR-95555[F] dated 01/11/2019 )

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https://hcservices.ecourts.gov.in/hcservices/

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S.Muthulakshmi v. a.Ravichandran

Case brief

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S.Muthulakshmi v. a.Ravichandran

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